Legitimate! Governor Can "Again" Give Mining Permits

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Legitimate! Governor Can "Again" Give Mining Permits

Jakarta, CNBC Indonesia - The government through the Ministry of Energy and Mineral Resources (ESDM) has officially issued Circular Letter Number 1.E/HK.03/MEM.B/2022 concerning Delegation of Granting Business Licensing in the Mining and Coal Mining Sector in accordance with Presidential Regulation Number 55 of 2022 .

This circular signed by the Minister of Energy and Mineral Resources Arifin Tasrif as of June 29, 2022, officially gives the authority to manage mineral and coal mines to the Regional Government (Pemda) starting April 11, 2022. Indeed, since Law Number 3 of 2020 concerning Mining and Coal Mining (UU Minerba) was issued, all mining permits have been transferred to the Central Government. Now, with the issuance of Presidential Regulation 55/2022 and the SE Minister of Energy and Mineral Resources, 2. The transition of licensing from the Central Government to Local Governments includes:

 

A. Granting of Mining Business Permit Areas (WIUP) for non-metal minerals, WIUP for certain types of non-metallic minerals and WIUP for rocks provided that: 1) are in one provincial area or 2) sea area up to 12 nautical miles.

 

B. Licensing services consist of:

1) IUP in the context of domestic investment for groups of non-metallic minerals, certain types of non-metallic minerals and rocks with the stipulations: located in one provincial area or sea area up to 12 nautical miles.

2) Rock Mining Permit.

3) People's Mining Permit (IPR).

4) Permit for transportation and sale of non-metallic minerals, certain types of non-metallic minerals and rocks for one province.

5) Mining services business license (IUJP) for one area.

6) IUP for the sale of non-metallic minerals, certain types of non-metallic minerals and rocks for one area

 

C. Standard certificate granting services include consulting and planning for mining services for one province

D. Implementation of guidance and supervision of delegated business permits

E. Determination of benchmark prices for non-metallic minerals, certain types of non-metallic minerals and rocks

F. providing recommendations or approvals relating to the delegated authority

 

3. The granting of a Business Licensing as referred to in number 2 is carried out with the following provisions: a. Business Entities have NIB with KBLI in accordance with the business field applied for; b. Conducted through an electronic business licensing system (Online Single Submission) in one-stop integrated services; and c. In the event that the granting of business licenses through Online Single Submission is not yet available, the granting of permits is carried out through an electronic system available in each Provincial Government.

4. That in order to carry out the transfer of authority to manage mineral and coal mining, as well as to guarantee legal certainty and business certainty, the application for: a. WIUP for non-metal minerals, WIUP for certain types of non-metal minerals, and WIUP for rocks; b. IUP in the context of domestic investment in the stage of Exploration activities of non-metallic minerals, certain types of non-metallic minerals, and rocks; c. SIPB; d. Permit for transportation and sale of non-metallic minerals, certain types of non-metallic minerals and rocks including their extensions; and e. IUP for the sale of non-metallic minerals, certain types of non-metallic minerals and rocks, which are applied for before April 11, 2022, are still being processed and issued by the Central Government.

5. If necessary, the provincial government can coordinate with the Central Government in implementing the delegation of business licensing in the mineral and coal mining sector.

6. Against: a. Mining Permit for Exploration activities for Non-Metal Minerals, Certain Types of Non-Metal Minerals, and Rocks; b. Mining Business License (IUP) Stage of Production Operation activities for Non-Metal Minerals, Certain Types of Non-Metal Minerals, and Rocks; and c. SIPB, including its completeness, including approvals and recommendations related to mining business activities in accordance with the provisions of laws and regulations that have been submitted to the Central Government or have been issued by the Central Government after the enactment of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining will be submitted to the Provincial Government within a period of no later than 4 (four) months from the issuance of Presidential Regulation Number 55 of 2022 concerning Delegation of Business Licensing in the Mineral and Coal Mining Sector.

7. To guarantee the implementation of licensing services for the mineral and coal sub-sector, for applications: a. an increase in the Mining Business License (IUP) for the Exploration activity stage to the IUP for the Production Operation stage for the Non-Metal Minerals, Certain Types of Non-Metal Minerals, and Rocks; and b. extension of the Mining Business License (IUP) for the Production Operation Stage of the Non-Metal Minerals, Certain Types of Non-Metal Minerals, and Rocks, will continue to be processed by the Central Government until the completion of the submission of permits to the Provincial Government as referred to in number 6.

8. To ensure the implementation of licensing services for the mineral and coal sub-sector, for applications: a. approval of feasibility study documents; b. approval of the 2022 Work Plan and Budget; c. approval of change of shareholders; and d. other approvals, can still be processed by the Central Government until the completion of the submission of licensing to the Provincial Government as referred to in number 6 as long as the Provincial Government is not ready to process licensing services.

9. With respect to IUP for the category of Non-Metal Minerals, Certain Types of Non-Metal Minerals, and Rocks issued by the Provincial Government based on Presidential Regulation Number 55 of 2022 concerning Delegation of Granting Business Licensing in the Mineral and Coal Mining Sector, the Provincial Government is required to submit a cover letter for IUP registration. on the Minerba One Data Indonesia (MODI) system until the completion of the completion or granting of access rights to the licensing service application system to the provincial government.

10. Implementation of the Delegation of Granting Business Licensing in the Mineral and Coal Mining Sector shall still refer to the NSPK or the laws and regulations that have been issued by the Central Government.

 

Source : http://www.cnbcindonesia.com/news/20220707100201-4-353615/sah-gubernur-sudah-bisa-lagi-berikan-izin-pertambangan

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